United States District Court, S.D. New York
June 22, 2004.
OSRECOVERY, INC., Plaintiff,
ONE GROUPE INTERNATIONAL, INC., et al., Defendants.
The opinion of the court was delivered by: LEWIS KAPLAN, District Judge
Defendant Parex Bank moves for sanctions pursuant to
Fed.R.Civ.P. 11 and 28 U.S.C. § 1927.
The 1983 Advisory Committee Note to Rule 11 indicates that
consideration of sanctions with respect to pleadings ordinarily
should await the conclusion of a litigation. This Court is
persuaded of the wisdom of that course in all but the most
extreme circumstances, as controversies over sanctions tend to
distract from and, indeed, become impediments to the resolution
of actions. Accordingly, the motion is denied.
While the denial is without prejudice to renewal at a more
appropriate time, the Court suggests careful thought prior to any
renewal in light of what perhaps might be a substantial
possibility of provoking a retaliatory application.
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